HomeMy WebLinkAbout22-Public Works
u,n
CITY OF SAN BEOORDINO
_ REQUEee~R4.~diJNCIL ACTION
-
From:
ROGER G. HARDGRAVE. Director
Subject: .
Resolution of Intention and others:
Assessment District No. 1003.
Dept:
Public Works (Engineering
Date:
April 15, 1992
Synopsis of Previous Council action:
09-05-90 Authorization to proceed was granted and authorization was given to use
same consultants used for Assessment District No. 977.
08-05-91 Resolution Nos. 91-354, 91-355 and 91-356 were adopted authorizing the
execution of agreements for consultants.
Recommended motion:
ADOPT THE FOLLOWING RESOLUTIONS:
cc:
Resolution Making Findings on Petition
Resolution Making Appointments
Resolution Adopting Proposed Boundary Map
Resolution of Intention
",.Iuti.. P"'1ng 00 "_nO "'" '""a' :7@
Shauna Clark, City Administrator . n ure '
James Penman. City Attorney
Andrew Green. Finance Director
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report. Map. Resolutions Waro:
6
FUNDING REQUIREMENTS:
Amount:
$1.183.473.49
Source: (Acct. No.1
251-685-53925
(Acct. DescriDtion)
Assessment District 1003
Finance: ~ b,......
Proceeds from Sale of Bonds.
Council Notes:
Agenda Item No
/q-~
"""
~
~
'CITY OF SAN BERO\RDINO - REQUESTOOR COUNCIL ACTION
STAFF REPORT
The attached Resolutions will fornally allow the initiation of proceedings for
Assessment District No. 1003.
All Cbclmentation has been prep1red to allow the initiation of the proceedings
ani the setting of the time and place for the public hearing. The public
hearing is proposed to be held on June 15, 1992. Upon the conclusion of the
p.tblic heariIg, lxln:ls can be sold ani the property owner 1rlOO1d then be reim-
bJrsed for trose public improvarents previaJSly installed in these prooeediIl3's.
if
PROPOSED ASSESSIIENT
DISTRICT
~
/..~
~~/
~~~
/@
--
OGDEN ST.
?-
m
w
z
;:)
-.
VICINITY M.AP
-
W
I-
<
?-
m
1
2
3
4
5
6
7
9
10
11
12
13
14
15
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO
ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY J'lENEFIT;
DESCRIBING THE DISTRICT TO BE ASSESSED TO. PAY THE COSTS AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT
NO. 1003
THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it
8
is the intention of this body, pursuant to the provisions of Division 12
of the streets and Highways Code of the state of California (the "Munici-
pal Improvement Act 1913"), to order the installation of certain public
improvements, together with appurtenances and appurtenant work, in a
special assessment district known and designated as ASSESSMENT DISTRICT
NO. 1003 (hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The installation and financing of certain public
16
17
improvements generally described as street improvements, including paving,
curb and gutter, street lights, storm drain improvements, and sewer and
18
water improvements, together with appurtenances and appurtenant work, to
19
20
21
22
23
24
serve and benefit properties located within the boundaries of the
Assessment District.
B. said streets, rights-of-way and easements shall
be shown upon the plans herein referred to and to be filed with these
proceedings.
C. All of said work and improvements are to be
25
26
constructed at the places and in the particular locations, of the forms,
sizes, dimensions and materials, and at the lines, grades and elevations
27
as shown and delineated upon the plans, profiles and specifications to be
28
made therefor, as hereinafter provided.
~~
nA f?7 fa.?
1
2
9
10
11
12
13
RESOLUTION DECLARING INTENTION TO ORDER INST~ATION OF CERTAIN IMPROV-
MENTS IN A <:)POSED ASSESSMENT DISTRICT ---\-I 1003
D.
The description of the improvements and the
termini of the work contained in this Resolution are general in nature.
3
All items of work do not necessarily extend for the full length of the
4
description thereof.
The plans and profiles of the work as contained in
5
6
7
8
the Engineer' s "Report.. shall be controlling as to the correct and
detailed description thereof.
E. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way, the
intersections of the public ways referred to are included to the extent
that work shall be shown on the plans to be done therein.
F. Notice is hereby given of the fact that in many
cases said work and improvement will bring the finished work to a grade
different from that formerly existing, and that to said extent, said
14
grades are hereby changed and said work will be done to said changed
15
16
grades.
DESCRIPTION OF ASSESSMENT DISTRICT
17
SECTION 2. That said improvements and work are of direct bene-
18
fit to the properties and land within the Asse..ment District, and this
19
20
21
22
23
24
legislative body hereby makes the expenses of said work and improvement
chargeable upon a district, which said Assessment District is hereby
declared to be the Assessment District benefited by said work and improve-
ments and to be assessed to pay the costs and expenses thereof, including
incidental expenses and costs and which is described as follows:
All that certain territory in the District included
25
within the exterior boundary lines shown on the plat exhibiting the
26
property affected or benefited by or to be assessed to pay the costs and
27
28
expenses of said work and improvements in the Assessment District, said
9
10
11
12
13
RESOLUTION DECLARING INTENTION TO ORDER INS~ATION OF CERTAIN IMPROV-
MENTS IN AOPOSED ASSESSMENT DISTRICT --1oJ 1003
1
2
3
4
5
6
7
map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT
NO. 1003", and which map was heretofore approved and which said map or
diagram is on file with the transcript of these proceedings, EXCEPTING
therefrom the area shown within and delineated upon said map or plat
hereinabove referred to, the area of all public streets, public avenues,
public lanes, public roads, public drives, public courts, public alleys,
and all easements and rights-of-way therein contained belonging to the
8
publico
For all particulars as to the boundaries of the Assessment
District, reference is hereby made to said boundary map heretofore
previously approved, and for a complete description of said Assessment
District, the said plat and proposed boundary map on file shall govern.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred to
14
GFB-FRIEDRICH & ASSOCIATES, INC., who is hereby directed to make and file
15
16
17
18
19
20
the report in writing containing the following'
A.
plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works of
improvement, including the cost of the incidental expenses in connection
therewith;
21
22
23
24
25
26
27
28
C.
A diagram showing the Assessment District above
referred to, which shall also show the boundaries and dimensions of the
respective subdivisions of land within said Assessment District, as the
same existed at the time of the passage of the Resolution of Intention,
each of which subdivisions shall be given a separate number upon said
Diagram;
. ....~_..,.::;"
1
2
3
4
9
10
11
12
13
14
RESOLUTION DECLARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV-
MENTS IN A (:)pOSED ASSESSMENT DISTRICT --~D 1003
D. A proposed assessment of the total amount of the
assessable costs and expenses of the proposed improvement upon the several
divisions of land in proportion to the estimated benefits to be received
by such subdivisions, respectively, from said improvement.
Said assess-
5
ment shall refer to such subdivisions upon said diagram by the respective
6
7
8
numbers thereof;
E. The description of the works of improvement to
be installed under these proceedings, and acquisition, where necessary.
When any portion or percentage of the cost and
expenses of the improvements is to be paid from sources other than assess-
ments, the amount of such portion or percentage shall first be deducted
from the total estimated costs and expenses of said work and improvements,
and said assessment shall include only the remainder of the estimated
costs and expenses.
Said assessment shall refer to said subdivisions by
15
16
17
18
19
20
21
22
23
24
their respective numbers as assigned pursuant to Subsection D. of this
Section.
~
SECTION 4.
Notice is hereby given that serial bonds to repre-
sent the unpaid assessments, and bear interest at the rate of not to
exceed the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act of 1915",
being Division 10 of the streets and Highways Code of the State of
California, which bonds shall mature a maximum of and not to exceed
NINETEEN (19) YEARS from the second day of September next succeeding
25
26
27
28
twelve (12) months from their date. The provisions of Part 11.1 of said
Act, providing an alternative procedure for the advance payment of assess-
ments and the calling of bonds shall apply.
1
2
3
4
10
11
12
13
14
15
16
17
18
19
20
RESOLUTION DECLARING INTENTION TO ORDER INS~ATION OF CERTAIN IMPROV-
MENTS IN A OPOSED ASSESSMENT DISTRICT __ ~1003
The principal amount of the bonds maturing each year
shall be other than an amount equal to an even annual proportion of the
aggregate principal of the bonds, and the amount of principal maturing in
each year, plus the amount of interest payable in that year, will be
5
generally an aggregate amount that is equal each year, except for the
6
7
first year's adjustment.
Pursuant to the provisions of the Streets and High-
8
ways Code of the State of California, specifically Section 10603, the
9
Treasurer is hereby designated as the officer to collect and receive the
assessments during the cash collection period.
Said bonds further shall
be serviced by the Treasurer or designated Paying Agent.
Refunding
Any bonds issued pursuant to these proceedings and
Division (a) may be refunded, (b) the interest rate on said bonds shall
not exceed the maximum interest rate as authorized for these proceedings,
and the number of years to maturity shall not exceed the maximum number as
authorized for these bonds unless a public hearing is expressly held as
authorized pursuant to said Division 11.5, and (c) any adjustments in
assessments resulting from any refundings will be done on a pro-rata
basis.
21
22
23
24
25
26
Any authorized refunding shall be pursuant to the
above conditions, and pursuant to the provisions and restrictions of
Division 11.5 of the Streets and Highways Code of the State of California,
commencing with Section 9500, and all further conditions shall be set
forth in the Bond Indenture to be approved prior to any issuance of bonds.
27
28
10
11
12
13
RESOLUTION DECLARING INTENTION TO ORDER INS~LATION OF CERTAIN IMPROV-
MENTS IN A<::pPOSED ASSESSMENT DISTRICT --~ 1003
1
2
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5.
That except as herein otherwise provided for the
3
issuance of bonds, all of said improvements shall be made and ordered
4
pursuant to the provisions of the "Municipal Improvement Act of 1913",
5
6
7
8
being Division 12 of the Streets and Highways Code of the State of
California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the assess-
9
ment, it shall be used, in such amounts as the legislative body may deter-
mine, in accordance with the provisions of law for one or more of the
following purposes:
A. Transfer to the general fund; provided that the
amount of any such transfer shall not exceed the lesser of One Thousand
14
Dollars ($1,000.00) or five percent (5%> of the total from the Improvement
15
16
17
18
19
20
Fund;
B. As a credit upon the assessment and any supple-
mental assessment,
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
21
22
23
SECTION 7.
The legislative body hereby establishes a special
improvement fund identified and designated by the name of this Assessment
District, and into said Fund monies may be transferred at any time to
24
expedite the making of the improvements herein authorized, and any such
25
26
27
28
advancement of funds is a loan and shall be 'repaid out of the proceeds of
the sale of bonds as authorized by law.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION ~LARING INTENTION TO ORDER INS~!TION OF CERTAIN IMPROV-
MENTS IN A,--,POSED ASSESSMENT. DISTRICT -~D 1003
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest will
not be served by allowing the property owners to take the contract for the
installation of the improvements, and that, as authorized by law, no
notice of award of contract shall be published.
GRADES
SECTION 9. That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans and profiles therefor,
which grade may vary from the existing grades.
The work herein
contemplated shall be done to the grades as indicated on the plans and
specifications, to which reference is made for a description of the grade
at which the work is to be done.
Any objections or protests to the
proposed grade shall be made at the public hearing to be conducted under
these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10.
For any and all information relating to these
proceedings, including information relating to protest procedure, your
attention is directed to the person designated below:
ROGER HARDGRAVE, PUBLIC WORKS DIRECTOR
CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
TELEPHONE: (714) 384-5111
PUBLIC PROPERTY
SECTION 11. All public property in the use and performance of a
public function shall be omitted from assessment in these proceedings
unless expressly provided and listed herein.
1
2
3
4
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION DFCLARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV-
MENTS IN A t:)rOSED ASSESSMENT DISTRICT --- ~003
NO CITY LIABILITY
SECTION 12.
This legislative body hereby further declares not
to obligate itself to advance available funds from the Treasury to cure
any deficiency which may occur in the bond redemption fund. This determi-
nation is made pursuant to the authority of Section 8769(b) of the Streets
and Highways Code of the State of California, and said determination shall
further be set forth in the text of the bonds issued pursuant to the
8
"Improvement Bond Act of 1915".
9
PETITION
SECTION 13. That a petition signed by property owners represent-
ing more than 60% in area of the property subject to assessment for said
improvement has been signed and filed with the legislative body, and no
further proceedings or actions will be required under Division 4 of the
Streets and Highways Code of the State of california, the "special Assess-
ment Investigation, Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 14.
It is hereby further determined to be in the best
public interest and convenience and more economical to do certain work on
private property to eliminate any disparity in level or size between the
improvements and the private property. The actual cost of such work is to
be added to the assessment on the lot on which the work is done, and no
work of this nature is to be performed until the written consent of the
property owner is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15.
It is hereby declared that this legislative body
proposes to levy an annual assessment pursuant to Section 10204 of the
Streets and Highways Code of the State of California, said annual assess-
ment to pay costs incurred by the City and not otherwise reimbursed which
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION ~LARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV-
MENTS IN AVPOSED ASSESSMENT DISTRICT --'~ 1003
result from the administration and collection of assessments or from the
administration or registration of any associated bonds and reserve of
other related funds.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
1992, by the following vote, to wit:
Council Members:
~
~
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
w. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
city Attorney
'r:t
~